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[House Report 108-271]
[From the U.S. Government Publishing Office]

108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-271

======================================================================

 
     TO AMEND THE IMMIGRATION AND NATIONALITY ACT TO EXTEND FOR AN 
   ADDITIONAL 5 YEARS THE SPECIAL IMMIGRANT RELIGIOUS WORKER PROGRAM

                                _______
                                

 September 16, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2152]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2152) to amend the Immigration and Nationality Act 
to extend for an additional 5 years the special immigrant 
religious worker program, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Vote of the Committee............................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     5
Constitutional Authority Statement...............................     5
Section-by-Section Analysis and Discussion.......................     5
Changes in Existing Law Made by the Bill, as Reported............     5
Markup Transcript................................................     6

                          Purpose and Summary

    H.R. 2152 extends the authorization for the special 
immigrant religious worker visa until October 1, 2008.

                Background and Need for the Legislation

                  I. IMMIGRANT RELIGIOUS WORKER VISAS

    ``Special immigrant'' visas are available for a number of 
different categories of aliens. One such category is for 
religious workers. An alien (along with spouse and children) 
can qualify for a special immigrant visa if the alien has been 
a member, for the immediately preceding 2 years, of a religious 
denomination having a bona fide nonprofit, religious 
organization in the United States, seeks to enter the United 
States to--

         serve as a minister,

         serve in a professional capacity in a 
        religious vocation or occupation at the request of the 
        organization, or

         serve in a religious vocation or occupation 
        at the request of the organization,

and has been carrying out such work continuously for at least 
the prior 2 years.
    INS regulations define ``religious occupation'' as 
meaning----

        an activity which relates to a traditional religious 
        function. Examples of individuals in religious 
        occupations include, but are not limited to, liturgical 
        workers, religious instructors, religious counselors, 
        cantors, catechists, workers in religious hospitals or 
        religious health care facilities, missionaries, 
        religious translators, or religious broadcasters. This 
        group does not include janitors, maintenance workers, 
        clerks, fund raisers, or persons solely involved in the 
        solicitation of donations. \1\
---------------------------------------------------------------------------
    \1\ 8 C.F.R. sec. 204.5(m)(2).

    INS regulations define ``religious vocation'' as meaning 
``a calling to religious life evidenced by the demonstration of 
commitment practiced in the religious denomination, such as the 
taking of vows. Examples of individuals with a religious 
vocation include, but are not limited to, nuns, monks, and 
religious brothers and sisters.'' \2\
---------------------------------------------------------------------------
    \2\ Id.
---------------------------------------------------------------------------
    The two non-minister categories (professional religious 
occupation/vocation; religious occupation/vocation) were 
created by the Immigration Act of 1990. Because of the fear of 
fraudulent or excessive use of these categories, a maximum of 
5,000 visas a year was allowed for the two categories. \3\ In 
addition, the categories were set to sunset in 1994. In 1994, 
the categories were extended to October 1, 1997. In 1997, the 
categories were extended to October 1, 2000. In 2000, the 
categories were extended to October 1, 2003. \4\
---------------------------------------------------------------------------
    \3\ Section 203(b)(4) of the Immigration and Nationality Act.
    \4\ See Pub. L. No. 106-409.
---------------------------------------------------------------------------
    In fiscal year 2002, 1,413 religious workers became 
permanent residents through the special immigrant category (as 
did 1,714 spouses and children).

                             II. H.R. 2152

    H.R. 2152 would extend the special immigrant visas for 
religious workers (other than ministers) until October 1, 2008.
    The Committee has received a letter from many major 
religious denominations supporting an extension of these visas. 
\5\
---------------------------------------------------------------------------
    \5\ See letter from Agudath Israel of America, the Baptist Joint 
Committee, Bruderhof Communities, the Catholic Legal Immigration 
Network, the Conference of Major Superiors of Men, the First Church of 
Christ, Scientist (Boston), the General Council of Seventh Day 
Adventists, the Hebrew Immigrant Aid Society, the Lutheran Immigration 
and Refugee Service, and the United States Conference of Catholic 
Bishops to F. James Sensenbrenner, Jr. (April 11, 2003).
---------------------------------------------------------------------------
    The letter provided a number of examples of how religious 
denominations rely on the religious worker visas. For example, 
``Catholic dioceses rely heavily upon religious sisters, 
brothers, and lay missionaries from abroad, who are sponsored 
and qualify for these permanent residency visas. Some fill a 
growing need in the Catholic Church for those called to 
religious vocations. Others provide critical services to local 
communities in areas including religious education, and care 
for vulnerable populations such as elderly, immigrants, 
refugees, abused and neglected children, adolescents and 
families at risk.''
    In addition, ``Jewish congregations, particularly in remote 
areas with small Jewish communities, rely on rabbis, cantors, 
kosher butchers, Hebrew school teachers, and other religious 
workers who come from abroad through the religious worker 
program. Without them, many Jewish communities would be unable 
to sustain the institutions and practices that are essential to 
Jewish religious and communal life.''
    And, ``[o]ther religious denominations, such as the Baptist 
Church, the Church of Christ Scientist, the Church of Jesus 
Christ of Latter Day Saints, the Lutheran Church, and the 
Seventh Day Adventist Church, also rely on the visas to bring 
in non-minister religious workers, who, in addition to 
providing some of the same services mentioned above, also work 
in areas as diverse as teaching in church schools, producing 
religious publications, sustaining prison ministries, training 
health care professionals to provide religiously appropriate 
health care, and performing other work related to a traditional 
religious function.''

                                Hearings

    No hearings were held on H.R. 2152.

                        Committee Consideration

    On July 15, 2003, the Subcommittee on Immigration, Border 
Security, and Claims met in open session and ordered favorably 
reported the bill H.R. 2152, by a voice vote, a quorum being 
present. On September 10, 2003, the Committee met in open 
session and ordered favorably reported the bill H.R. 2152 
without amendment by voice vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of rule XIII of the House of 
Representatives, the Comittee notes that there were no recorded 
votes during its consideration of H.R. 2152.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of Rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of Rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2152, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 15, 2003.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2152, a bill to 
amend the Immigration and Nationality Act to extend for an 
additional 5 years the special immigrant religious worker 
program.
    If you wish further details on this estimate, we will be 
pleased to provide them. The principal CBO staff contact for 
this estimate is Mark Grabowicz, who can be reached at 226-
2860.
            Sincerely,
                                       Douglas Holtz-Eakin.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member

H.R. 2152--A bill to amend the Immigration and Nationality Act to 
        extend for an additional 5 years the special immigrant 
        religious worker program.
    H.R. 2152 would affect Federal collections and spending 
related to visas and services for certain immigrants, with 
effects on both direct spending and revenues. CBO estimates 
that the net effect on direct spending would not be significant 
in any year, and that revenues would increase by about $2 
million a year. H.R. 2152 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would impose no significant costs on State, 
local, or tribal governments.
    H.R. 2152 would extend, through October 1, 2008, the 
authorization for special immigrant visas for persons who work 
in certain religious vocations. Under current law, such workers 
and their families are eligible for special immigrant visas if 
they apply by October 1, 2003. No more than 5,000 of these 
visas may be granted in each fiscal year.
    Because the Bureau of Citizenship and Immigration Services 
(BCIS) would charge a fee of $130 for each person that applies 
for the special immigrant visa, we estimate that the BCIS would 
collect no more than $650,000 annually in additional fees, 
which are recorded as offsets against the agency's spending. 
The agency is authorized to spend such fees without further 
appropriation, and we expect that most of the money would be 
spent in the year in which it is collected. Thus, the net 
impact on BCIS spending would be negligible.
    Increasing the number of visas issued also would increase 
the amount of fees collected by the Department of State. Under 
current law, a fee of $335 per person is charged by the 
department and deposited in the Treasury as revenue. CBO 
estimates that, under the bill, the Treasury would collect 
about $2 million a year from such fees. In addition, depending 
on the type of petition, the department may charge additional 
fees for fingerprinting or affidavits of support. Those fees 
are classified as offsetting collections and are retained by 
the department to pay for its consular programs. CBO estimates 
the net budgetary effect of increases in those fees would be 
less than $500,000 a year.
    Finally, some of the additional immigrants could become 
eligible for certain Federal benefits, but CBO expects that any 
increase in direct spending for benefit programs would not be 
significant.
    The CBO staff contacts for this estimate are Mark Grabowicz 
(for BCIS costs), who can be reached at 226-2860, and Sunita 
D'Monte (for State Department costs), who can be reached at 
226-2840. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    H.R. 2152 does not authorize funding. Therefore, clause 
3(c)(4) of Rule XIII of the Rules of the House of 
Representatives is inapplicable.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion

Section 1. Extension of Special Immigrant Religious Worker Program.
    Section 1(a) of the bill amends section 101(a)(27)(C)(ii) 
of the Immigration and Nationality Act to extend the 
authorization until October 1, 2008, for special immigrant 
visas for aliens who will work for religious organizations in 
religious vocations or occupations.
    Section 1(b) specifies that the changes to law made by the 
bill shall take effect on October 1, 2003.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of Rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                  SECTION 101 OF THE IMMIGRATION AND 
                            NATIONALITY ACT

                              definitions

    Section 101. (a) As used in this Act--
    (1)  * * *

           *       *       *       *       *       *       *

    (27) The term ``special immigrant'' means--
            (A)  * * *

           *       *       *       *       *       *       *

            (C) an immigrant, and the immigrant's spouse and 
        children if accompanying or following to join the 
        immigrant, who--
                    (i)  * * *
                    (ii) seeks to enter the United States--
                            (I) solely for the purpose of 
                        carrying on the vocation of a minister 
                        of that religious denomination,
                            (II) before October 1, [2003,] 
                        2008, in order to work for the 
                        organization at the request of the 
                        organization in a professional capacity 
                        in a religious vocation or occupation, 
                        or
                            (III) before October 1, [2003,] 
                        2008, in order to work for the 
                        organization (or for a bona fide 
                        organization which is affiliated with 
                        the religious denomination and is 
                        exempt from taxation as an organization 
                        described in section 501(c)(3) of the 
                        Internal Revenue Code of 1986) at the 
                        request of the organization in a 
                        religious vocation or occupation; and

           *       *       *       *       *       *       *

                           Markup Transcript

                            BUSINESS MEETING

                     WEDNESDAY, SEPTEMBER 10, 2003

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:07 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    [Intervening business.]
    Chairman Sensenbrenner. The next item on the agenda is the 
adoption of H.R. 2152 to amend the Immigration and Nationality 
Act to extend for an additional 5 years the Special Immigrant 
Religious Worker Program.
    [The bill, H.R. 2152, follows:]

    
    
    Chairman Sensenbrenner. The chair recognizes the gentleman 
from Indiana, Mr. Hostettler, the Chairman of the Subcommittee 
on Immigration, Border Security, and Claims.
    Mr. Hostettler. Thank you, Mr. Chairman.
    The Religious Worker, Immigrant and Visa----
    Chairman Sensenbrenner. Does the gentleman have a motion 
first?
    Mr. Hostettler. Yes. Mr. Chairman, the Subcommittee on 
Immigration, Border Security, and Claims reports favorably the 
bill H.R. 2152 and moves its favorable recommendation to the 
full House.
    Chairman Sensenbrenner. Without objection, the bill will be 
considered as read and open for amendment at any point.
    The chair recognizes the gentleman from Indiana, Mr. 
Hostettler, to strike the last word.
    Mr. Hostettler. Thank you, once again, Mr. Chairman.
    The Religious Worker Immigrant Visa program allows American 
religious denominations, large and small, to benefit from 
committed religious workers from overseas. The visa program for 
nonminister religious workers expires at the end of this fiscal 
year and needs to be reauthorized.
    An alien, along with spouse and children, can qualify for a 
special immigrant visa if the alien has been a member, for the 
immediately preceding 2 years, of a religious denomination 
having a bona fide, nonprofit religious organization in the 
United States, seeks to enter the United States to serve as a 
minister, serve in a professional capacity in religious 
vocation or occupation at the request of the organization, or 
serve in a religious vocation or occupation at the request of 
the organization, and has been carrying out such work 
continuously for at least the prior 2 years.
    The two nonminister religious worker categories were added 
by the 1990 immigration bill. Because of the fear of fraudulent 
or excessive use of these categories, a maximum of 5,000 visas 
a year was allowed for the two categories. In fiscal year 2001, 
1,546 religious workers, along with 1,782 spouses and children, 
received these visas.
    The nonminister categories were originally set to sunset in 
1994. After two extensions, the categories now expire on 
October 1. H.R. 2152, introduced by Representative Barney 
Frank, would extend the special immigrant visas for religious 
workers until October 1, 2008.
    The Committee has received a letter, signed by 
organizations representing many religious denominations, 
supporting an extension of these visas. The letter provided a 
number of examples of how religious denominations rely on the 
religious worker visas.
    For example, ``Catholic dioceses rely heavily upon 
religious sisters, brothers and lay missionaries from abroad. 
Some fill a growing need in the Catholic Church for those 
called to religious vocations. Others provide critical services 
to local communities in areas including religious education and 
care for vulnerable populations, such as the elderly, 
immigrants, refugees, abused and neglected children, 
adolescents and families at risk.''
    In addition, ``Jewish congregations, particularly in remote 
areas, with small Jewish communities, rely on rabbis, cantors, 
kosher butchers, Hebrew school teachers and other religious 
workers who come from abroad through the religious worker 
program. Without them, many Jewish communities would be unable 
to sustain the institutions and practices that are essential to 
Jewish religious and communal life.''
    And, ``other religious denominations, such as the Baptist 
Church, the Church of Christ Scientists, the Church of Jesus 
Christ of Latter Day Saints, the Lutheran Church, and the 
Seventh Day Adventist Church, also rely on the visas to bring 
in nonminister religious workers who work in areas as diverse 
as teaching in church schools, producing religious 
publications, sustaining prison ministries, training health 
care professionals to provide religiously appropriate health 
care, and performing other work related to a traditional 
religious function.''
    These visas serve a valuable role and contribute to 
America's vibrant religious life. I urge my colleagues to 
support this legislation and yield back the balance of my time.
    Chairman Sensenbrenner. The gentlewoman from Texas, Ms. 
Jackson Lee, Ranking Member?
    Ms. Jackson Lee. Thank you very much, Mr. Chairman. I would 
like to join the Chairman of the Committee to ask my colleagues 
to support this legislation that seeks to extend the provisions 
to allow for Special Immigrant Religious Workers program, to 
extend it for an additional 5 years.
    Let me congratulate Mr. Frank for his initiative on this 
legislation and to say that we have found ourselves in a 
different climate post-9/11, but I have maintained the premise 
that immigration does not equate to terrorism. This is a very 
singular and important part of our immigration laws that seeks 
to help people.
    The special immigrant classification of the Immigration and 
National Act allows religious organizations to sponsor both 
ministers and nonminister religious workers from abroad to 
perform service in the United States. The nonminister religious 
workers' category includes a variety of occupations, such as 
nuns, religious brothers, cantors, postoral service workers, 
missionaries and religious broadcasters.
    We are considering this legislation today which would amend 
the Immigration and Nationality Act to extend it for 5 years 
because it is about to expire on October 1, 2003. This bill, 
which I co-sponsor and support, would extend it, as I have 
indicated.
    Religious workers provide a very important spiritual 
function in the American communities in which they work and 
live. And in addition to performing activities in furtherance 
of a vocation or religious occupation, often possessing 
characteristics unique from those found general labor market.
    Historically, religious workers have staffed hospitals, 
orphanages, senior care homes, and other charitable 
institutions that provide benefits to society without public 
funding. They also are very helpful, if you will, with respect 
to new refugees, by knowing their cultures and their language. 
And so they can be comforting, as well as helping to explain 
the new society that these refugees will come into because 
religious workers may have had the experience of living in the 
United States.
    According to the Department of Homeland Security, the term 
``religious worker'' does not include janitors, maintenance 
workers, clerks, fundraisers, solicitors of donations or 
similar occupations. The activity of a layperson who will be 
engaged in a religious occupation must relate to a traditional 
religious function. Thereby, we are protected that this 
particular provision will not be subject to abuse. The activity 
must embody the tenets of the religion and have religious 
significance related primarily, if not exclusively, to the 
matters of the spirit as they apply to the religion.
    Prior to the enactment of the Immigration Act of 1990, 
nonprofit religious organizations that requested the services 
of foreign-born, nonminister religious workers were forced to 
fit their needs into the business, student or missionary visas.
    This was problematic for religious organizations as the 
established visa categories were created primarily for the 
needs of profit-making businesses. As a result, religious 
organizations were frequently unable to sponsor foreign, 
nonminister religious workers. We clearly can say that this 
will go to the spirit and not to the profit.
    The Catholic Church in the United States has needed this 
program to respond to the increasing diversity of its 
membership, which includes parishioners from countries 
throughout the world.
    Religious workers from abroad assist the church here in a 
variety of ways. They come as religious brothers, counseling 
members of the ethnic communities, religious sisters, providing 
social services, care to the poor and ill, and laypersons 
assisting with religious education. While supporting her church 
in her spiritual mission, these workers also mend the spirit of 
those in need in our local communities by working in schools, 
hospitals, homes for the aged and homeless shelters.
    I acknowledge that fraud is a concern with this program, 
but as I said earlier, I believe that this is narrowly drawn to 
protect us from abuse and from fraud. It reinforces the fact 
that we are a Nation of laws, and it also reinforces the fact 
that we do not cast a broad net that immigration and terrorism 
are equal.
    This, again, reinforces the values of this Nation, and I 
ask my colleagues to support this legislation.
    I yield back.
    Chairman Sensenbrenner. Without objection, all Members' 
opening statements will appear in the record, at this point.
    [The prepared statement of Ms. Jackson Lee follows:]

       Prepared Statement of the Honorable Sheila Jackson Lee, a 
           Representative in Congress From the State of Texas

    Mr. Chairman and Ranking Member, thank you for having convened this 
markup session as to H.R. 2152 To Amend the Immigration and Nationality 
Act to Extend for an Additional 5 Years the Special Immigrant Religious 
Worker Program. As the Ranking Member of this Committee's Subcommittee 
on Immigration and Claims, this bill has much relevance to my ongoing 
immigration initiatives on a national and constituent-based scale.
    The special immigrant classification of the Immigration and 
Nationality Act allows religious organizations to sponsor both 
ministers and non-minister religious workers from abroad to perform 
service in the United States. The non-minister religious workers 
category includes a variety of occupations, such as nuns, religious 
brothers, catechists, cantors, pastoral service workers missionaries, 
and religious broadcasters.
    We are considering legislation today which would amend the 
Immigration and Nationality Act to extend the Special Immigrant 
provisions which otherwise are set to expire on October 1, 2003. This 
bill, H.R. 2152, which I cosponsor and support, would extend the 
special immigrant religious worker program for an additional 5 years.
    Religious workers provide a very important spiritual function in 
the American communities in which they work and live, in addition to 
performing activities in furtherance of a vocation or religious 
occupation often possessing characteristics unique from those found in 
the general labor market. Historically, religious workers have staffed 
hospitals, orphanages, senior care homes and other charitable 
institutions that provide benefits to society without public funding.
    According to the Department of Homeland Security, the term 
``religious worker'' does not include janitors, maintenance workers, 
clerks, fund raisers, solicitors of donations, or similar occupations. 
The activity of a lay-person who will be engaged in a religious 
occupation must relate to a traditional religious function. The 
activity must embody the tenets of the religion and have religious 
significance, relating primarily, if not exclusively, to matters of the 
spirit as they apply to the religion.
    Prior to the enactment of the Immigration Act of 1990, non-profit 
religious organizations that requested the services of foreign-born, 
non-minister religious workers were forced to fit their needs into the 
business, student, or missionary visa categories. This was problematic 
for religious organizations, as the established visa categories were 
created primarily for the needs of profit-making businesses. As a 
result, religious organizations were frequently unable to sponsor 
foreign non-minister religious workers.
    The Catholic Church in the United States has needed this program to 
respond to the increasing diversity of its membership, which includes 
parishioners from countries throughout the world. Religious workers 
from abroad assist the Church here in a variety of ways. They come as 
religious brothers counseling members of ethnic communities, religious 
sisters providing social services and care to the poor and ill, and lay 
persons assisting with religious education. While supporting the Church 
in her spiritual mission, these workers also mend the spirit of those 
in need in our local communities by working in schools, hospitals, 
homes for the aged, and homeless shelters.
    I acknowledge that fraud is a concern with this program. 
Nevertheless, restricting the religious worker provision is not the way 
to resolve this problem. The provision requires non-minister special 
immigrant religious workers to meet stringent qualifications before 
they enter the country. Any attempt to impose stricter criteria could 
hurt religious organizations.
    A failure to extend this program in a timely fashion would be a 
disservice not only to religious organizations but to local communities 
and those in distress who depend on the religious workers that it 
provides.

    Chairman Sensenbrenner. Are there amendments?
    [No response.]
    Chairman Sensenbrenner. If there are no amendments, the 
chair notes the presence of a reporting quorum.
    The question occurs on the motion to report the bill H.R. 
2152 favorably.
    Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it. The motion to 
report favorably is agreed to.
    Without objection, the Chairman is authorized to move to go 
to conference pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes, 
and all Members will be given 2 days, as provided by the rules, 
in which to submit additional dissenting, supplemental or 
minority views.

                                
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